There is a possibility in life that you may no longer have the ability to make decisions about your finances and welfare, this may be due to a mental illness that makes you lack the capacity to make any decisions for yourself. This is when you may start to wonder who could help you at a time like this, and help make the decisions for you, if you were unable to do so.
A Power of Attorney is a legal document that allows you to give someone else the legal authority to act on your behalf. Giving someone permission to act on your behalf when you are no longer mentally capable of making decisions is called making a ‘Lasting Power of Attorney (LPA)’. This is a powerful legal document that gives very strong permissions over someone’s life and wellbeing, therefore it is advisable that you seek legal help and advice when wanting to make a Power of Attorney to ensure that there can be no risk of abuse of the power given.
By making a Lasting Power of Attorney you can appoint someone to make decisions regarding your financial, property, health and welfare affairs. If you do not make an LPA, and later lose mental capacity to do so, it would mean someone would have to apply to the Court of Protection to be appointed as your ‘Deputy’, and this process applies regardless of whether that someone is your spouse/partner. Therefore, by making a LPA you are avoiding the Court making decisions for you and you get to make your own decision in advance, such as:
- The decisions you want to be made if you lose the capacity to make them yourself
- the people who you want to make the decisions for you
- How you want these decisions to be made
Using our expertise in this area Williamsons will guide you through the various decisions that need to be made when making an LPA. We will complete all of the numerous forms taking the stress out of ensuring that the legal formalities are complied with.
Contact our Hull, Bridlington or Driffield office and one of our Wills and Probate experts will be able to advise you.
Hull – 01482 323697
Bridlington – 01262 678128
Driffield – 01377 252022W